Pogue v. Pogue

This is an appeal from a judgment entered by the Madison County Circuit Court which denied the plaintiff's request for the imposition of a constructive trust for her benefit on proceeds from a wrongful death recovery.

Viewing the record with the attendant presumptions, the following facts are revealed. After what both parties characterized as an unhappy marriage, the parties divorced in 1961. The mother was granted custody of the three then-minor children. The father, suffering from a drinking problem, never provided any financial support. The mother, a registered nurse, supported the family,…